- (1.) Heard learned counsel for the parties.
(2.) This is a Reference application under Section 21(5) of the Chartered Accountants Act, 1949 in respect of one Chartered Accountant, Shri B.K. Jha wherein after holding enquiry through disciplinary committee, the Council of Institute of Chartered Accountants of India, New Delhi has forwarded this matter to this Court after accepting the report of the enquiry committee and after holding that the respondent-Shri B.K. Jha, Chartered Accountant is guilty of professional misconduct falling within the meaning of Clause (i) of Part II of Second Schedule to the Chartered Accountants Act, 1949 and not guilty of other misconduct under Section 21(5) of the Act of 1949.
(3.) From the statement of facts, submitted before us in this reference petition, it appears that Shri Sanjiv Shekhar, Patna levelled allegation against the respondent that "the respondent was running a bogus office in the name of M/s B.K. Jha & Co. giving the address as that of the Complainant's house/premises at B-163, P.C. Colony, Kankarbagh, Patna-20 thereby defaming and fraudulently using Complainant's house/premises with ulterior motive. Thus, the Respondent did not get his firm at Patna registered with the ICAI under Regulation 190." Upon receipt of this complaint, the copy of the complaint was sent to the respondent vide Institute's letter dated 27 th July, 1998 and he was asked to submit his written statement, upon which respondent submitted his written statement on 17 th August, 1998. The complainant submitted his rejoinder on 1 st September, 1999 and thereafter respondent submitted his comment on 12 th October, 1999. The Council considered all above documents i.e., complaint, reply and rejoinder and comments of the respondent in its meeting held in June, 2000 at New Delhi. The Council was prima facie of the opinion that respondent was guilty of professional and/or other misconduct and accordingly referred the case to the Disciplinary Committee constituted under the Act of 1949 for enquiry.;